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CR.MA/14990/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14990 of 2010
=========================================
SALMANKHAN
PIRKHAN
Versus
STATE
OF GUJARAT
=========================================
Appearance
:
MR MJ BUDDHBHATTI for
Applicant
MR KARTIK PANDYA APP for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/12/2010
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered at
C.R.No.I – 26 of 2010 with Okha Police Station, Jamnagar for
the offences punishable under Sections 307, 325, 504, 506(2), 143,
147 and 148 etc. of the Indian Penal Code and Section 135(1) Bombay
Police Act.
Mr.M.
J. Buddhbhatti, learned counsel appearing for the applicant submits
that the charge-sheet is filed and there are allegations of
inflicting stick blow and thereby causing injuries on hands and
knees, which resulted into fracture, therefore, it cannot be said
that the applicant had intention to kill the deceased and now the
investigation is over, the applicant may be enlarged on regular
bail.
Mr.Kartik
Pandya, learned APP for the respondent – State submits that
the role of the applicant in inflicting the injuries has surfaced on
record by filing of charge-sheet and the injured was hospitalized
for about 24 days and after treatment, he was discharged and,
therefore, the applicant may not be enlarged on bail.
Having
heard learned counsel for the parties and perused the record of the
case and considered the facts and circumstances of the case and
nature of allegations levelled against the applicant and usage of
stick mostly on hands and knees and a fracture is noticed, at this
stage when the charge-sheet is filed, I am inclined to enlarge the
applicant on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered at C.R.No.I – 26 of
2010 with Okha Police Station, Jamnagar, on executing bond of
Rs.5,000/- [Rupees Five Thousand Only] with one surety of the like
amount to the satisfaction of the trial Court and subject to the
conditions that he shall;
(a) not
take undue advantage of liberty or misuse liberty;
(b) not act in a manner
injurious to the interest of the prosecution;
(c) surrender his
passport, if any, to the lower Court within a week;
(d) not leave the State
of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark his presence at
the concerned Police Station on the first Sunday of every month
between 10.00 a.m and 3.00 p.m for three months only;
(f) furnish the present
address of residence to the Investigating Officer and also to the
Court at the time of execution of the bond and shall not change the
residence without prior permission of this Court;
The
Authorities will release the applicants only of he is not required
in connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
bond to be executed before the lower Court having jurisdiction to
try the case.
At
the trial, the trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail.
Rule
is made absolute to the aforesaid extend. Direct Service is
permitted.
[
ANANT S. DAVE, J. ]
vijay
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